Australian Security Intelligence Organisation Act 1979
Encyclopedia
The Australian Security Intelligence Organisation Act 1979 (the ASIO Act) is an Act
of the Parliament of Australia
establishing the Australian Security Intelligence Organisation
(ASIO) as the counter-intelligence
and security agency
of Australia. Established in 1949 by Prime Minister Ben Chifley's Directive for the Establishment and Maintenance of a Security Service
under the executive power
of the Constitution
, the ASIO Act converted the Organisation into a statutory body under the control of the Director-General of Security
and responsible to the Attorney-General
.
, which among other provisions makes impersonating an ASIO officer a criminal offence. The ASIO Act also makes the identification of ASIO officers a criminal offence punishable by one year imprisonment.
The Director-General also has the power to independently issue a warrant in situations where a warrant has been requested of the Attorney-General but not yet granted, and a serious security situation arises.
The Director-General is not empowered to independently issue a terrorism-related warrant. These terrorism-related powers are scheduled to be automatically repealed on 22 July 2016.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Australia
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
establishing the Australian Security Intelligence Organisation
Australian Security Intelligence Organisation
The Australian Security Intelligence Organisation is Australia's national security service, which is responsible for the protection of the country and its citizens from espionage, sabotage, acts of foreign interference, politically-motivated violence, attacks on the Australian defence system, and...
(ASIO) as the counter-intelligence
Counter-intelligence
Counterintelligence or counter-intelligence refers to efforts made by intelligence organizations to prevent hostile or enemy intelligence organizations from successfully gathering and collecting intelligence against them. National intelligence programs, and, by extension, the overall defenses of...
and security agency
Security agency
A security agency is a governmental organization which conducts intelligence activities for the internal security of a nation. They are the domestic cousins of foreign intelligence agencies...
of Australia. Established in 1949 by Prime Minister Ben Chifley's Directive for the Establishment and Maintenance of a Security Service
Directive for the Establishment and Maintenance of a Security Service
On 16 March 1949, Australian Prime Minister Ben Chifley issued a Directive for the Establishment and Maintenance of a Security Service, appointing South Australian Supreme Court Justice Geoffrey Reed as the first Director-General of Security...
under the executive power
Executive Power
Executive Power is Vince Flynn's fifth novel, and the fourth to feature Mitch Rapp, an American agent that works for the CIA as an operative for a covert counter terrorism unit called the "Orion Team."-Plot summary:...
of the Constitution
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
, the ASIO Act converted the Organisation into a statutory body under the control of the Director-General of Security
Director-General of Security
The Director-General of Security is the executive officer of the Australian Security Intelligence Organisation , the domestic security agency of Australia...
and responsible to the Attorney-General
Attorney-General of Australia
The Attorney-General of Australia is the first law officer of the Crown, chief law officer of the Commonwealth of Australia and a minister of the Crown. The Attorney-General is usually a member of the Federal Cabinet, but there is no constitutional requirement that this be the case since the...
.
The Director-General of Security
The ASIO Act establishes the office of Director-General of Security and places the Organisation under the Director-General's control.Officers of the organisation
Officers of the Organisation are employed under the ASIO Act, and are classed as Officers of the Commonwealth for the purposes of the Crimes Act 1914Crimes Act 1914
The Crimes Act 1914 is a piece of Federal legislation in Australia. Pursuant to the Australian Constitution it prevails in any conflict with State laws dealing with the subject of crime....
, which among other provisions makes impersonating an ASIO officer a criminal offence. The ASIO Act also makes the identification of ASIO officers a criminal offence punishable by one year imprisonment.
Special investigative powers
The ASIO Act defines the special investigative powers available to the Organisation under warrant signed by the Attorney-General:- interception of telecommunications;
- examination of postal and delivery articles;
- use of clandestine surveillance and tracking devices;
- remote access to computers, including alteration of data to conceal that access;
- covert entry to and search of premises, including the removal or copying of any record or thing found therein; and
- conduct of an ordinary or frisk search of a person if they are at or near a premises specified in the warrant.
The Director-General also has the power to independently issue a warrant in situations where a warrant has been requested of the Attorney-General but not yet granted, and a serious security situation arises.
Powers relating to investigation of terrorism
When investigating terrorism, the Director-General may also seek a warrant from an independent judicial authority to allow:- the compulsory questioning of suspects;
- the detention of suspects by the Australian Federal PoliceAustralian Federal PoliceThe Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
, and their subsequent interrogation by ASIO officers; - ordinary, frisk or strip search of suspects by AFP officers upon their detainment;
- the seizure of passports; and
- the prevention of suspects leaving Australia.
The Director-General is not empowered to independently issue a terrorism-related warrant. These terrorism-related powers are scheduled to be automatically repealed on 22 July 2016.
Offences
Criminal offences established under the ASIO Act include:- Unauthorised communication of ASIO intelligence by an officer, employee or other person connected with the Organisation - Penalty: 2 years' imprisonment
- Failure by an operator of an aircraft or vessel to answer questions from, and/or provide documents to, an ASIO officer relating to cargo, crew, passengers, stores or voyage - Penalty: 60 penalty unitsPenalty unitsBreaches of statute law in Australia are usually prescribed in terms of penalty units or PUs. To establish a fine, multiply the number of penalty units by the amount....
- Unauthorised publication of identity of officer, employee or agent of the Organisation - Penalty: 1 year's imprisonment